New York Employment Lawyer Blog

It was not easy to read an article that appeared in the New York Times on May 10, 2008, which related to the transmittal of emails circulated to and from email accounts of at least twenty secret service supervisors.

Although the agency’s position is that they deplore racially insensitive jokes and express disappointment that they were transmitted, the fact is they appear to have been sent and the disappointment that we all feel at learning such information is indeed troubling.

The ease with which written documents are transmitted through email has resulted in loose and thoughtless material being transmitted that has no place in rational and thoughtful communication. The abuse has reached proportions so vast that there is hardly any litigation in which among the significant exhibits are emails that either or both of the parties foolishly transmitted. If we could point to one specific area that requires greater thought and unfortunately, in some instances, more detailed supervision, it would be with the freedom with which emails are transmitted. There is hardly a case tried in a court where emails do not have a material and significant effect.

If we can offer a suggestion with respect to the destructive manner in which emails are so readily exchanged it would be to think seriously about what is being written before your message turns around to haunt you.

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Posted In: Employment Discrimination , Evidence , Racial Discrimination

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An article recently appeared in the National Law Journal which discussed the fact that twelve geographic Federal circuits have now decided to permit jurors to pose written questions during a trial to witnesses. It appears however, that although the circuits are permitting this procedure there are reservations that are shared by some of them. In some instances, several of the circuits have actually requested judges to actually advise the jurors that this procedure is permitted. The circuits have actually permitted the matter to be decided through the discretion of the judges.

It is often appeared to us that during the course of a trial it becomes clear that the depth of the jury’s interest becomes evident. It also appears that in such cases the granting of this power to a jury might well be of help in arriving at a more meaningful result. It is a subject that is certainly worth following and for ourselves we look forward to the outcome which can only probably be determined after the practice has been followed for a period of time. We believe that once the practice is used for a reasonable period of time the courts and the attorneys practicing in them will be in a better position to judge the efficacy of this procedure. We look forward with keen interest to the outcome.

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Posted In: Employment Law , Evidence

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In a recent article in the National Law Journal from May 5, 2008, the results of a recent survey revealed differences in the amount of post-law school debt among gender and races.

The survey put forth data stating that women generally are in greater debt than men and minorities are likely to have a larger debt than Caucasian law graduates. One can come to their own individual conclusions regarding this data, but perhaps disparities in hiring after law school among genders and races may force some students to carry this debt longer and not be able to pay it back sooner or that even among those who attain gainful employment shortly after graduating, still suffer the effects of a glass ceiling in the salaries they are able to earn.

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Posted In: Employment Law , Gender discrimination , Racial Discrimination

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A recent news story about a former Weather Channel Anchor Woman and her sexual harassment suit against her former employer has prompted us to take some time in a blog entry to further reflect on the issue of sexual harassment in the workplace.

Sexual harassment, like other types of discrimination, is not something that must be proven with a "smoking gun", there will never be a memorandum sent around encouraging such conduct in the workplace. Rather, this discrimination is done clandestinely, behind closed doors. It is ever important for both men and women in the workplace, to remain aware of their rights and protections under the law with respect to this important issue.

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Posted In: Employment Discrimination , Sexual Harassment

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There is no denying that Gender Discrimination exists in many industries but nowhere more prevalent than on Wall Street. The past ten years have seen more gender discrimination lawsuits brought by women against financial institutions than any other type of discrimination lawsuits and yet the problem persists.

The high power and high paying jobs are still filled predominately by men. Often times women find it challenging to break into that next level because of the glass ceiling that exists and inaccurate stereotypes about women that have been perpetuated for many many years.

The EEOC has reported that the percentage of women in senior positions is the lowest in the securities industry. The EEOC further indicated that it is more difficult for women to gain entry into management positions than their male counterparts.

Despite the lawsuits and the statistics reported by the EEOC, the demographics of Wall Street Firms have not changed much with respect to women. Women continue to be relegated to the lower level, more administrative oriented jobs and are denied the opportunities that men are afforded simply because of their gender. WHEN WILL THIS CHANGE?

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Posted In: Employment Discrimination , Gender discrimination

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A recent bill has passed both the United States House of Representatives and the United States Senate and is awaiting the signature of the President. This bill represents the intersection of anti-discrimination and human rights laws with that of privacy rights.

The issue was discussed in the May 2, 2008 edition of The New York Times. The bill is called the Genetic Information Nondiscrimination Act and it will prohibit both employers and health insurers from discriminating based on the genetic information of individuals. This bill has received broad bi-partisan support and has the possible effect of increased public participation in genetic testing and related fields.

This issue receiving national attention also promotes an increased awareness to the public of possible discrimination by employers, especially, even beyond the scope of genetic information, but because of such protected reasons as race, gender, and national origin.

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Posted In: Employment Discrimination , Employment Law

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The United States Supreme court will address the significant question of whether an employer in an age discrimination suit has the burden of proving that reasonable factors exist that might explain the disparate impact that a business decision has on a group of older employees or if the burden rests with the employees.

In a case brought by two dozen workers at Knolls Atomic Power Laboratory in upstate New York, 31 employees were terminated using a set of guidelines to evaluate the workers’ skills as well as their amenability to retraining. 30 of 31 employees were over the age of 40 at which the protections of the ADEA apply. The employees won after a jury trial but the judgment was overturned by the United States Court of Appeals for the Second Circuit.

The Age Discrimination in Employment Act (ADEA) is the law under which the suit was initially brought and it references the reasonable factor test but does not indicate where the burden rests.

It would make sense that if the employer wanted to use the reasonable factor concept as a shield, the burden should rightfully rest with them. The determination in this case of where that burden ultimately rests and the impact that will determination will have on the field of employment law will be discussed once the Court reaches it decision.

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Posted In: Age Discrimination , Evidence

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The New York Times reported on April 24, 2008 that the US Senate fell four votes short needed to begin consideration of the Lilly Ledbetter Fair Pay Act, named for an Alabama woman, who lost her case against the Goodyear Tire and Rubber Company, because she had not filed her complaint within six months of the initial instance of discrimination.

Ms. Ledbetter had often been paid 40% less than her male counterparts and continues to suffer from that pay disparity in her retirement because that disparity has affected her pension and social security payments. Perhaps this issue may be reconsidered in the next Congress.

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Posted In: Employment Discrimination , Employment Law , Gender discrimination

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A recent article in the National Law Journal of April 28, 2008, was entitled, "Hot Year Predicted for ADA Litigation." This reflects the fact that the Americans with Disabilities Act (ADA) is currently at a point in which many issues related to it are before the courts. Among the significant issues that relate to the ADA are web-site accessability and handicapped vehicle accessibility.

We encourage our readers to view the relevant portion of our website at www.schwartzandperry.com which has a lengthy discussion of disability and perceived disability issues.

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Posted In: Age Discrimination , Employment Discrimination , Employment Law

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